Life comes at you fast in the Trump era, and in a move that likely comes as little surprise to most who follow these sorts of things, we already have a court ruling on one of the newly sworn-in president's executive orders.
The ink hadn't dried on Trump's order asserting that the Fourteenth Amendment excludes birthright citizenship before opponents were challenging it in court.
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Thursday morning, a federal district court judge in Seattle, Washington, heard argument on the measure and issued a ruling temporarily blocking it.
Senior U.S. District Judge John Coughenour on Thursday was blistering in his criticism of Trump’s action as he granted a temporary restraining order that blocks Trump’s executive order from taking effect nationwide.
“I’ve been on the bench for over four decades, I can’t remember another case where the question presented is as clear as this one is. This is a blatantly unconstitutional order,” Coughenour, an appointee of Ronald Reagan, said from the bench. “There are other times in world history where we look back and people of goodwill can say where were the judges, where were the lawyers?”
Coughenour interrupted before Brett Shumate, a Justice Department attorney could even complete his first sentence.
“In your opinion Is this executive order constitutional?” he asked.
Shumate said “it absolutely is.”
“Frankly I have difficulty understanding how a member of the Bar could state unequivocally that this is a constitutional order,” Coughenour said. “It just boggles my mind.”
Coughenour's boggled mind notwithstanding, the issue is one that has strong proponents on both sides and will unquestionably be heading to the Ninth Circuit Court of Appeals and then on to the U.S. Supreme Court.
Coughenour, a senior judge appointed to the federal bench by Ronald Reagan in 1981, won't be the only one ruling on the issue, even at the district court level. There are similar suits pending in Massachusetts and New Hampshire. Expect there to be much more to come on this issue.
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